A Sudbury man who was seen by a teenage boy performing a sex act on himself at his bedroom window has avoided being sent to prison.
Robert Bayley, 24, from New Street, was sentenced to a three-year community order and made to sign the sex offenders’ register for five years at Bury St Edmunds Magistrates’ Court on Thursday.
He had admitted two charges of exposure, dating from July 25 this year and March 1 last year, at an earlier hearing.
The court heard that Bayley had felt the urge to remove his shorts and perform the sex act while doing housework and had been spotted through an upstairs window by a 15-year-old boy and his friend, who called his parents and the police.
Rosalind Cappleman, prosecuting, said: “The incident has made the boy feel quite on edge as he felt the defendant had been watching him for a while.
“His friend stated that he thought the defendant’s behaviour was disgusting.”
Miss Cappleman said a third 15-year-old had seen Bayley exposing himself at a window in March 2012, but had not initially reported it.
“The defendant did admit to this matter in interview,” she said.
The court heard Bayley had no previous convictions, but was given a warning in 2003, aged 14, for two charges of indecent assault on a boy under 16.
Lyndon Davis, mitigating, said his client deserved credit for admitting to the March 2012 offence.
“I would say with some confidence that, as no complaint had been made by the young boy at the time, without his admission there would have been no prosecution for that matter,” he said.
“He accepts this risk-taking behaviour needs addressing but he does not accept knowing that the person who saw him or may have seen him was underage.”
Mr Davis told the court Bayley had spoken to his GP regarding counselling following his arrest and had also visited The Kernos Centre to seek help.
Regarding Bayley’s warning in 2003, Mr Davis said: “He was 14 and suffering from depression. This is an issue that has been in the background for some time and it is high time it was dealt with.”
He said Bayley had suffered the embarrassment of dealing with the offences in court and had been suspended from his job at Cafe Nero in Sudbury while disciplinary procedures took place.
In sentencing, presiding magistrate Sarah Wemban said: “I think you know how serious these matters are.
“My colleagues and I saw this as on the borderline for custody, but we will accept the pre-sentence report’s recommendations.”
Bayley’s community order includes a treatment programme for sex offenders. He was also ordered to pay £85 costs, a £60 victim surcharge and £50 in compensation to each of the three boys concerned.